What to do if husband sent a notice of Section 9 Hindu Marriage Act

220 votes

It can be overwhelming, but there are steps you can take to address the issue:

1. Respond to the RCR Notice: Your sister should consult a family lawyer on how to respond to the RCR (Restitution of Conjugal Rights) notice under Section 9 of the Hindu Marriage Act, 1955, appropriately. The lawyer will help evaluate the best course of action based on the specific circumstances.

2. Gather Evidence: Collect any evidence that supports your sister's claims, such as documents, photographs, or witnesses, to substantiate the allegations of harassment or mistreatment. This evidence can be essential in building a strong case.

3. File for Appropriate Legal Remedies: Depending on the situation, your sister may consider filing a counterclaim or separate legal actions such as domestic violence, maintenance, child custody, or divorce. Your lawyer can guide you on suitable legal remedies based on the specific details of the case.

4. Support Networks: Encourage your sister to seek emotional support from friends, family, or support groups. It is important for her to have a strong support network during this challenging time.

Remember, every case is unique, and the legal process may vary depending on the jurisdiction and specific circumstances. It is crucial to seek consultation with a knowledgeable family lawyer who specializes in matrimonial disputes to understand your sister's rights and options so that she may be guided through the legal proceedings and help protect her rights and interests.

LawRato LawRato

852 votes

Under section 9 of hindu marriage act restitution of conjugal rights is permitted. If husband has sent you the notice that means he is calling you back in the matrimonial house. It is upto you whether you would like to join him or not. If you do not wish to continue with the husband, divorce is the only way because without any valid reason you have no right to stay away from matrimonial house and the husband will file these petitions to call you back. If you are suffering mental or physical cruelty, lodge a police complaint or file for a petition under domestic violence act which also grants for compensation, interim maintenance and separate residence at the expense of the husband.

Advocate Sanjucta Kabasi LawRato

634 votes

If you don't want to live with the husband. File a reply stating that why you don't want to live with him. Else, you can appear before the judge and give consent to live with the husband.
If you don't give consent to live then, the husband has a ground for divorce after one year of order under section 9.
Therefore, I will suggest to file an application for maintenance under section 125 crpc as well.

Advocate Utkarsh Srivastava LawRato

879 votes

First of all hire a competent advocate for the reply to the section 9 notice and mention all the facts and then of they proceed further with the RCR then you go and contest the case as per the favourable facts and along with that I also advise you to file a domestic violence case along with 125 so as to pressurise them for bringing them on a settlement table. If you want to reside with him then you can go with him otherwise you contest this case so as to avoid a ground for divorce in his favour . For better assistance and advice you contacf us through Law Rato .

Advocate Suneel Kumar LawRato

787 votes

Section 9 defines conjungal rights. the rights, especially to sexual relations, regarded as exercisable in law by each partner in a marriage. In this judge call both the parties to settle the issues. It totally depends on the other party whether he/she wants to resolve the problem. There is no any compulsary to exercise your rights under this section. You just go in the court if the issue solve between both of the parties then its okay otherwise you just call off the procedings and file the reply that there is no any chance to resolve the problem and wait for the judgement. It is just a proceedings you dont have to worry for this. Directly ask the court that there is no any chance to solve the problem

Advocate Chandan Singh Billowria LawRato

103 votes

If your husband has sent you a notice under Section 9 of the Hindu Marriage Act, it's essential to understand the nature of this legal provision and how to respond. Section 9 deals with "Restitution of Conjugal Rights" and is aimed at reuniting spouses who have separated without reasonable excuses. Here's what you should do:

1. Consult an Attorney: Seek legal counsel from a qualified family lawyer who specializes in matrimonial matters. They will guide you through the process and advise you on the best course of action.
2. Understand Section 9: Familiarize yourself with Section 9 of the Hindu Marriage Act, which outlines the rights and obligations of both spouses regarding the restitution of conjugal rights.
3. Respond Promptly: It's crucial to respond to the notice promptly. Your lawyer will help you draft a suitable response that complies with legal requirements.
4. Consider Mediation: In many cases, courts encourage mediation or counseling as a means to resolve disputes and promote reconciliation. Discuss this option with your attorney.
5. Defend Your Position: If you have valid reasons for not reuniting with your spouse, such as cruelty or other marital issues, your attorney will help you build a strong defense.
6. Attend Court Proceedings: If the matter escalates, attend court hearings as required and follow your lawyer's advice throughout the legal process.
7. Document Everything: Keep records of all communication, including the notice and your response. This documentation may be essential in court.
8. Seek Legal Relief: If you believe that reconciliation is not possible or desirable, your attorney can explore legal remedies available to you, such as filing for divorce or judicial separation.

Remember that Section 9 proceedings aim to reconcile the spouses, and the court's primary goal is to ensure that the marriage is preserved. However, you have the right to defend your position and protect your interests.

Advocate Chikirsha Mohanty LawRato